IBA Annual Conference Rome 2018

7 Oct - 12 Oct 2018

Session Room C, Level -1

Session information

Clash of cultures: how cultural differences can impact on the relative success or failure of a corporation in financial distress seeking to restructure

Thursday 11 October (1615 - 1730)

Session Room C, Level -1

Committee(s)

Insolvency Section (Lead)
Closely Held Companies Committee
Financial Institutions and Insolvency Subcommittee

Description

Corporations with cross-border interests looking to restructure both inside and outside of formal court proceedings face difficulties when the legal and cultural norms of the jurisdictions in which they operate are at best inconsistent, or worse, in conflict. This session will address the issues faced by these corporations in various jurisdictions, including but not limited to the attitudes of management, the treatment of creditors, the appetite for investment into corporations in financial distress, the existence of penalties against directors for failure to act and the existence of a legislative framework that facilitates restructurings, including early warning tools. The panel will discuss these issues and describe the manner in which they contribute to the success or failure of a restructuring.

Session / Workshop Chair(s)

Cristina Fussi De Berti Jacchia Franchini Forlani, Milan, Italy; Co-Chair, Financial Institutions and Insolvency Subcommittee
Robyn Gurofsky Fasken, Calgary, Alberta, Canada; Vice Chair of Conferences, Insolvency Section

Speakers

Dr Harald Gesell Oppenhoff & Partner RA StB mbB, Cologne, Germany
Olanipekun Orewale AELEX, Lagos, Nigeria
Luciano Panzani Rome Court of Appeal, Rome, Italy
Marcia Shekerdemian Wilberforce Chambers, London, England
Xiangman Shen Jingtian & Gongcheng Attorney at Law, Beijing, China; Membership Officer - China, Insolvency Section